The Labor and Social Security Inspectorate is a body linked to the State Administration, which is responsible for ensuring compliance with the Labor and Social Security Law. The employee can go to this ITSS Report Form to report facts of employment fraud.
The ITSS Report Form It is the document through which a complaint or report of a labor offense is made before the Labor and Social Security Inspectorate. Having knowledge on this topic never hurts, we invite you to continue reading this interesting article.
ITSS Report Form Format
In accordance with the regulations in Law, there are three ways to submit the Report Form Format to the ITSS:
- In person: When visiting the Provincial Labor and Social Security Inspectorate. Also before other public institutions. Provided that there are respective agreements, including local administrations.
- By electronic means: Through the electronic headquarters platform MITRAMISS. Interested parties must have DNI and / or other electronic certificates for use in public management procedures.
- Through the postal service: With this option, the complaint will be sent directly to the corresponding labor and social security inspection office, with a copy of the complainant’s identity card and the corresponding authorization from the labor inspectorate to verify the identity of the corresponding registry.
Filling out the ITSS Report Form
The ITSS Report Form It is easy to fill, we will tell you how it is made below:
- The identity data of the Provincial Labor and Social Security Inspectorate to which it is addressed. Therefore, this ITSS headquarters must be in the same location where the company that is being reported is located.
- The personal identity data of the subject who is making this complaint. You must also add a phone number to be located and your respective signature.
- Describe the actions, conduct or posture that supports the basis of the alleged offense.
- Orienting yourself in the origin of the complaint, directly specify if it affects the labor area, social security or risk prevention, among others.
- Mark the date and place where the events took place. You must enter the exact location, if it is the case that it is not possible to locate a specific address.
- Write down the data of ID of the possible persons responsible for the infringement, more clearly, of the businessman or employer to whom it is denounced.
- Indicates all those eventualities that are considered outstanding, to have a good record of the case, attaching all the documentation that supports them.
Drafting of the Complaint
The ITSS Report Form It is a little short of space, so for some complaints with a lot of facts it is advisable to write a personal letter or add more pages to the complaint.
Said complaint must be composed of the following content:
- Heading: Labor Inspectorate to which it is addressed. The workplace of the company where the violation occurred, or the labor inspection office of the province where the violation occurred shall be marked.
- Data of the person who reports: Name, DNI / NIE, address to receive correspondence, telephone number. You must indicate if you are a fired company employee and, if so, you must indicate since then, if you were fired and when you were fired. If there are several complainants, all the data.
- Details of who is reported: If it is a person, name, surname, DNI / NIE; If it is a company, indicate the name and VAT number; the address of the accused, the address of the workplace where the reported incident occurred, the business hours of operation and whether the business is still open. In the event that several companies and several people are convicted, it is necessary that you indicate all the data.
- Facts reported: The reported events should be marked as clearly as possible and, if possible, the date and place should be written in chronological order to avoid the use of unimportant data. It is not necessary to indicate which law the defendant violated, it is enough to show the facts. In addition, in the case of reporting a company, it is convenient to have the business hours of operation so that the inspector can participate and provide the complainant’s hours of operation so that the inspector can verify the events that occurred. Whistleblower. If you know the name of the offender, you should point out.
- Signature of the complainant.
What is the ITSS Report Form for?
The ITSS Report Form It is the document, which serves as a means to expose any irregularity to the Labor and Social Security Inspectorate, as far as work activity is concerned, thus giving the protection that the worker needs and to comply with the regulations in Law.
It highlights the labor crime, refers to the infringement by the employer of the laws and regulations, as well as the labor insertion, individual, collective, labor, vocational training, temporary and social labor insertion in the “Worker-employer agreement” related to the relations labor, all of them based on the “Social Order”. More information in page.
Who should process it?
Anyone has the right to report with the ITSS Report Form labor violations, even if the complainant is not an employee of the company that made the complaint.
It is very important to follow the instructions on how and where to display the instructions to ensure their reception, and to comply with some basic content requirements, to facilitate the investigation and verification of the facts reported by the Labor Inspectorate.
Depending on the nature of the tort liability and the entity of the rights affected, these violations are divided into minor, serious and very serious.
Before imposing sanctions on these infractions, it is necessary to follow the administrative procedures special procedures for this matter, and always follow the recommendations of the Directorate of Labor Inspection and Social Security, to instruct the corresponding files in advance without affecting the rest. Another subject may be responsible.
What is the ITSS Report Form?
The Labor and Social Security Inspection (ITSS) Its purpose is to ensure good compliance with the laws on labor law and Social Security Law.
Any subject who has knowledge of events that could form an infraction, in a certain competence of the ITSS (labor, occupational health and safety, social security, employment, etc.) can make the claim to the bodies of the Labor and Social Security Inspection through the ITSS Report Form.
In many cases, these complaints are not filed because the worker is afraid of retaliation in the company where they work, but when the worker files a complaint with the Labor Inspectorate, the company does not know which worker reported it.
If the inspection has been carried out previously, the company must not know if it is the result of a previous complaint or the origin of different activities implemented and planned by the company itself. Work inspection. But this does not mean that the report is anonymous, because the report must contain the name of the reporter.
In addition to the appeal of the complaint, you can report all fraud in the workplace that workers believe are being investigated by the Labor Inspectorate in the “Mailbox for the Fight Against Labor Fraud”.
In this case, it is not necessary to communicate the identity of workers who are fraudulent, but It is not a complaint, but a communication, once the communication has been analyzed, the available information will be included in the planned inspection activities, but not necessarily in the inspection procedures.
Facts to report
On certain issues or violations, the appeal is invalid because sometimes it is necessary to file a lawsuit because the only institution that can demand that the company comply with the rights or litigation is the judge. If the Labor Inspectorate believes that the company has violated the rights of a worker, it can impose sanctions.
While sanctions are usually an effective enforcement measure established by the company to comply with inspection orders, it does not affect the fact that the above decision can always be challenged in court.
The complaint proceeds to the Labor Inspectorate in the following cases:
- In case of lack of discharge in Social Security.
- Missing with the prevention rules of occupational hazards.
- Temporary hiring breaching with the Law and fraudulent contracts.
- Informality of the hours entry of the workday.
- In case of Workplace Harassment.
However, there are other facts that are best reported to the court, such as unpaid wages or any form of compensation for compensation or termination.
The anonymous complaints, nor those that imply discrepancies between supervisors and inspectors or that are clearly unfounded.
It will not be handled in accordance with the matters known to the court, because if the inspection procedure is initiated and later one of the parties files a claim, the inspection will be will suspend until a prosecution is obtained.
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